Fortunato J. Mendes - Page 13

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               D.  Conclusion                                                         
               We sustain respondent’s determination to include $40,347 in            
          petitioner’s gross income for the audit year, and we hold that              
          petitioner is not entitled to a deduction for loss of the IBM               
          sale proceeds of $27,573 as an offset to that income inclusion.             
          II.  Schedule A Itemized Deductions                                         
               We must decide whether petitioner is entitled to Schedule A            
          itemized deductions for the audit year consisting of real estate            
          taxes of $1,420 and “deductible points” (mortgage interest) of              
          $10,430.  The 1988 return indicates that those amounts relate to            
          what was, before his incarceration, petitioner’s personal                   
          residence in Fairfax, Virginia.                                             
               Petitioner has failed to substantiate his payment, during              
          1988, of any real property taxes with respect to his personal               
          residence; and, except for an undated, handwritten listing of               
          mortgage payments due with respect to various properties,                   
          including his personal residence, and a computer printout which             
          appears to list mortgage payments due on that residence for                 
          March, April, and May 1992, petitioner has failed to produce any            
          receipts or other evidence to corroborate his return position               
          that he made a 1988 payment of “deductible points”.  Petitioner             
          did not claim a deduction for mortgage interest on what he claims           









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